Question

  

3. A party acknowledges the authenticity of a document relating to litigation matters in order

to make the trial shorter and more efficient. Which one of the following discovery devices

would lead to this action?

A. Deposition C. Request for documents

B. Interrogatory D. Request for admissions

4. Which one of the following interactions would be protected by privilege?

A. A conversation between a client and a paralegal about defenses for an embezzlement

charge

B. A conversation between a husband and wife accused of robbing a convenience store

together

C. A discussion at a dinner party between a client and attorney about an upcoming

vacation

D. A conversation between a husband and wife concerning abuse of a stepchild living at

their residence

5. Attorneys hold a discovery planning meeting under federal rules. Which one of the following

actions needs to occur within 10 days of this meeting?

A. A second discovery planning meeting must be scheduled.

B. Expert testimony must be disclosed.

C. Automatic initial disclosures must be provided.

D. Requests for admissions must be admitted or denied.

6. A party denies the genuineness of a document without reasonable grounds or good cause.

Which one of the following consequences would the party face?

A. There would be no consequences—a party can refuse to answer because the burden

of proof is on the party requesting the information.

B. The party will be required to pay the expenses incurred by the other party in proving

the matter.

C. The party requesting the document can refuse to disclose the genuineness of his or

her own documents.

D. The court will allow the attorney requesting the admission access to all records in the

other party’s possession.

7. An attorney discovers that he has mistakenly included a response to a discovery request

that falls under the rules of exception. The attorney can

A. assert the privilege later during the trial and the material will be ruled inadmissible.

B. file a motion that explains the error, and the material will be thrown out before the trial

begins.

C. do nothing—the attorney has waived the privilege by responding to the request.

D. contact the opposing counsel and request the privileged material be returned under

federal rules.

Questions 1–20: Select the one best answer to each question.

1. An attorney is conducting discovery for a trial concerning a hitand-

run accident. The attorney wants to get the witness to share

as much information as possible about the events that occurred

at the scene of the crime. The best type of discovery device to

use is a/an

A. deposition.

B. interrogatory.

C. request for documents.

D. request for admissions.

2. The attorney is preparing for the same hit-and-run trial. The

attorney wants to collect a mass of objective information that

would be difficult for a party to remember off the top of his

or her head. The best type of discovery device to use is a/an

A. deposition. C. request for documents.

B. interrogatory. D. request for admissions.